BILL ANALYSIS Ó SB 504 Page 1 Date of Hearing: August 14, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 504 (Berryhill) - As Amended: April 1, 2013 Policy Committee: AgricultureVote:7 - 0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill authorizes county agricultural commissioners, after exhaustion of the appeal and review process, to obtain judgments from a superior court to expedite recovery of civil penalties levied on violators of the Fruit, Nut, and Vegetable Standards Law. FISCAL EFFECT Costs associated with this legislation should be minor and absorbable within existing resources. COMMENTS Purpose . The author argues that the provisions of the Fruit, Nuts and Vegetable Standards Law contain no provision specifically enabling the county commissioner to enforce the decision by entering a judgment in superior court should the respondent fail to pay the penalty as ordered. Without this authority, the county agricultural commissioners must seek assistance either from their local district attorneys, in the form of criminal prosecution, or their county counsels, in seeking an injunction against the violator. The author contends that this bill will provide consistency in the statutory language governing the infrequent instances where a violator refuses to pay a fine. Similar conforming provisions in the Food and Agriculture Code authorize county agricultural commissioners to obtain judgments by a superior court to collect civil penalties levied on violators of provisions regarding plant quarantine and pest control, pesticide use, California SB 504 Page 2 Organic Products Act, and direct marketing of agricultural products. Currently, there is no such authorization for commissioners enforcing the Fruit, Nut, and Vegetable Standards Law. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081